The phrase was reportedly first put to legal use in a judgment by Sir
Richard Henn Collins MR in the English Court of Appeal libel case
McQuire v. Western Morning News (1903). He attributed the phrase to
Lord Bowen and used it in a negative sense: It may be derived from the phrase "Public opinion ... is the opinion of the bald-headed man at the back of the omnibus", a description by the 19th-century journalist
Walter Bagehot of a normal London man.
Clapham, in
South London, was at the time an undistinguished
commuter suburb seen to represent "ordinary" London, and in the 19th century would have been served by
horse-drawn omnibuses.
Lord Justice Greer used the phrase in
Hall v. Brooklands Auto-Racing Club (1933) to define the
standard of care a defendant must live up to in order to avoid being found negligent. The use of the phrase was reviewed by the UK Supreme Court in
Healthcare at Home Limited v. The Common Services Agency (2014), where
Lord Reed said: ==Other related common law jurisdictions==